I think the owner of an apartment building should have the right to know if you are taking pills that may effect your judgement and cause you to do something that jeopardizes the safety of the other tenants. I owned an apartment building before and chose who I would allow to rent based on information that was obtained by me of them. I asked for references and asked friends if they knew how they were before allowing them to rent. An apartment owner does not have to rent to someone he does not want to rent to. If I asked a person if they were on meds when talking to me and they said it was none of my business, they would not get the apartment. It is probably a good way to judge the personality of the potential tenants. I took good care of my tenants needs back then.

Originally posted by rickymouse An apartment owner does not have to rent to someone he does not want to rent to.

100% In agreement with you here as I have several rental properties of my own...

Originally posted by rickymouse If I asked a person if they were on meds when talking to me and they said it was none of my business, they would not get the apartment.

If you were to admit this in a legal proceeding you would be in violation of the ADA - disability is one of the protected categories of persons. You cannot use a medical condition as the primary or sole basis for contract refusal even if that condition is not permanent or actually “disabling”.

Intresting responses all.

My brother is an attorney here in town. I'll just ask him about the legality of asking and answering or not. Once I have an answer I'll let you know...

Originally posted by Golf66

Originally posted by rickymouse An apartment owner does not have to rent to someone he does not want to rent to.

100% In agreement with you here as I have several rental properties of my own...

Originally posted by rickymouse If I asked a person if they were on meds when talking to me and they said it was none of my business, they would not get the apartment.

If you were to admit this in a legal proceeding you would be in violation of the ADA - disability is one of the protected categories of persons. You cannot use a medical condition as the primary or sole basis for contract refusal even if that condition is not permanent or actually “disabling”.

But you can use attitude to deny a possible tenant. If the person were to say I take some meds for depression or if they said I have high blood pressure that is not a problem. If they have been drinking and they say they are taking an antidepressant than that could be a problem. Even if they question why you ask it is not a problem, that is a normal reaction. If they said it is none of your business, than there may be a problem with the person that might make them not get along with others in the building. It has nothing to do with the meds themselves, it is about attitude and safety to the other tenants.

Originally posted by rickymouse
But you can use attitude to deny a possible tenant.

Absolutely, however if the line of questioning is one intended to single out a medical condition (or even to rule one out) you'd be in trouble with the ADA and Fair Housing Act.

There is no reason to ask such a question as a person is not required to divulge any medical information and your asking it in an attempt to check for attitude is a trap of sorts that in all likely hood if one pressed the issue result in a large settlement or pay out for Fair Housing or ADA violation.

ETA: I am an investigator not an attorney but what I would recommend to mine is to argue that the question posed leaves no viable option for the potential renter.

He either -

1) Declines to answer citing HIPPA and the fact that you as a landlord are not a healthcare provider or insurer and therefore have no legitimate need for the information requested which results in you decide he has an attitude and thus his chances are blown.

2) Answers with medical information that reasonably might give cause for concern on your part and jeopardize his chances as well.

I don’t think it is legal to lay such a trap.

Most people are sheep though and will answer whatever is asked of them if the person has some seemingly authoritative position from which to ask it.